An Affirmative Mismatch:
Do Racial Preferences Limit Black Lawyers?

Economics & Law — By on December 21, 2004 at 12:34 am

One of the most pernicious lies in America is the one we allow teachers, parents, and relatives to tell children: ‘



  • http://www.pandasthumb.org/pt-archives/000685.html The Panda’s Thumb

    Mismeasures on Evangelical Outpost

    Joe Carter of Evangelical Outpost pretty clearly associates (1) The lower average qualifications of black students applying to law school, with (2) Natural “ability or aptitude.”

  • http://www.pandasthumb.org/pt-archives/000685.html The Panda’s Thumb

    Mismeasures on Evangelical Outpost

    Joe Carter of Evangelical Outpost pretty clearly associates (1) The lower average qualifications of black students applying to law school, with (2) Natural “ability or aptitude.”

  • http://www.pandasthumb.org/pt-archives/000685.html The Panda’s Thumb

    Mismeasures on Evangelical Outpost

    Joe Carter of Evangelical Outpost pretty clearly associates (1) The lower average qualifications of black students applying to law school, with (2) Natural “ability or aptitude.”

  • http://www.pandasthumb.org/pt-archives/000685.html The Panda’s Thumb

    Mismeasures on Evangelical Outpost

    Joe Carter of Evangelical Outpost pretty clearly associates (1) The lower average qualifications of black students applying to law school, with (2) Natural “ability or aptitude.”

  • mal

    Have you read this excellent article on affirmative action by Shelby Steele?
    http://www.findarticles.com/p/articles/mi_m1111/is_1830_305/ai_94044073
    “Restraint should be the watchword in racial matters. We should help people who need help. There are, in fact, no races that need help; only individuals, citizens. Over time maybe nothing in the society, not even white guilt, will reach out and play on my race, bind me to it for opportunity. I won’t ever find in America what Baldwin found in Europe, but someday maybe others will.”

  • mal

    Have you read this excellent article on affirmative action by Shelby Steele?
    http://www.findarticles.com/p/articles/mi_m1111/is_1830_305/ai_94044073
    “Restraint should be the watchword in racial matters. We should help people who need help. There are, in fact, no races that need help; only individuals, citizens. Over time maybe nothing in the society, not even white guilt, will reach out and play on my race, bind me to it for opportunity. I won’t ever find in America what Baldwin found in Europe, but someday maybe others will.”

  • mal

    Have you read this excellent article on affirmative action by Shelby Steele?
    http://www.findarticles.com/p/articles/mi_m1111/is_1830_305/ai_94044073
    “Restraint should be the watchword in racial matters. We should help people who need help. There are, in fact, no races that need help; only individuals, citizens. Over time maybe nothing in the society, not even white guilt, will reach out and play on my race, bind me to it for opportunity. I won’t ever find in America what Baldwin found in Europe, but someday maybe others will.”

  • http://www.tipps-veranstaltungen.de/ Jerome Marcel

    Just be surfing around in net. I definitely fpund a very informal place with a lot of good stuff for everybody. I will
    certainly visit your site again sometime. Really good work.

  • http://www.tipps-veranstaltungen.de/ Jerome Marcel

    Just be surfing around in net. I definitely fpund a very informal place with a lot of good stuff for everybody. I will
    certainly visit your site again sometime. Really good work.

  • http://www.tipps-veranstaltungen.de Jerome Marcel

    Just be surfing around in net. I definitely fpund a very informal place with a lot of good stuff for everybody. I will
    certainly visit your site again sometime. Really good work.

  • Nick Barnes

    A black student “likely could graduate and pass the bar”. 60% is “likely”.
    And does this post have anything whatsoever to do with “an evangelical worldview”?

  • Nick Barnes

    A black student “likely could graduate and pass the bar”. 60% is “likely”.
    And does this post have anything whatsoever to do with “an evangelical worldview”?

  • Nick Barnes

    A black student “likely could graduate and pass the bar”. 60% is “likely”.
    And does this post have anything whatsoever to do with “an evangelical worldview”?

  • Chris Lutz

    And does this post have anything whatsoever to do with “an evangelical worldview”?
    Maybe is has to do with the old saying that “The road to hell is paved with good intentions.” I don’t doubt the sincerity of the people who want quotas. I just believe, as is being shown, that they are self-destructive. How you help someone is just as important as helping someone.

  • Chris Lutz

    And does this post have anything whatsoever to do with “an evangelical worldview”?
    Maybe is has to do with the old saying that “The road to hell is paved with good intentions.” I don’t doubt the sincerity of the people who want quotas. I just believe, as is being shown, that they are self-destructive. How you help someone is just as important as helping someone.

  • Chris Lutz

    And does this post have anything whatsoever to do with “an evangelical worldview”?
    Maybe is has to do with the old saying that “The road to hell is paved with good intentions.” I don’t doubt the sincerity of the people who want quotas. I just believe, as is being shown, that they are self-destructive. How you help someone is just as important as helping someone.

  • http://bevets.com/grapevine.htm bevets

    And does this post have anything whatsoever to do with “an evangelical worldview”?
    The race card gives liberals the opportunity to act morally indignant while being morally irresponsible. Christian love has no dependence on the recipient, but everything to do with the originator. True love is color blind.

  • http://bevets.com/grapevine.htm bevets

    And does this post have anything whatsoever to do with “an evangelical worldview”?
    The race card gives liberals the opportunity to act morally indignant while being morally irresponsible. Christian love has no dependence on the recipient, but everything to do with the originator. True love is color blind.

  • http://lespritdescalier.blogspot.com/ jpe

    Why should an American student of Asian descent have to seek another career or attend a less prestigious school simply because she is classified as an

  • http://lespritdescalier.blogspot.com/ jpe

    Why should an American student of Asian descent have to seek another career or attend a less prestigious school simply because she is classified as an

  • http://lespritdescalier.blogspot.com jpe

    Why should an American student of Asian descent have to seek another career or attend a less prestigious school simply because she is classified as an

  • dyama

    I wouldn’t feel too bad for ‘em; they’re still going to be young, white, and rich. Tough life, y’know?
    I was fortunate to attend Berkeley for by BS and Ohio State for my PhD as an Asian American. I worked hard at both institutions because I was an overrepresented minority. After all of that and I’m still an Asian American. Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.

  • dyama

    I wouldn’t feel too bad for ‘em; they’re still going to be young, white, and rich. Tough life, y’know?
    I was fortunate to attend Berkeley for by BS and Ohio State for my PhD as an Asian American. I worked hard at both institutions because I was an overrepresented minority. After all of that and I’m still an Asian American. Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.

  • dyama

    I wouldn’t feel too bad for ‘em; they’re still going to be young, white, and rich. Tough life, y’know?
    I was fortunate to attend Berkeley for by BS and Ohio State for my PhD as an Asian American. I worked hard at both institutions because I was an overrepresented minority. After all of that and I’m still an Asian American. Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.

  • http://lespritdescalier.blogspot.com/ jpe

    Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.
    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.

  • http://lespritdescalier.blogspot.com/ jpe

    Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.
    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.

  • http://lespritdescalier.blogspot.com jpe

    Never knew that I was supposed to be “young, white, and rich.” I’m actually batting 0 for 3.
    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.

  • Chris Lutz

    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.
    Um, where did this post refer to the Michigan case?
    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.

  • Chris Lutz

    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.
    Um, where did this post refer to the Michigan case?
    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.

  • Chris Lutz

    My mistake. I was responding to the Michigan Law AA case that the post was impliedly criticizing, which was about young, white, (soon-to-be) rich kids.
    Um, where did this post refer to the Michigan case?
    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.

  • http://lespritdescalier.blogspot.com/ jpe

    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.
    Like the way blacks were systematically kept from getting good educations up to Brown?
    I have a problem with things that don’t work meritocratically, too, but the problem presented by AA isn’t whether meritocracy is good or not; it’s what to do when there hasn’t been meritocracy. To sharpen that a bit, the question is about the appropriateness of corrective action in righting previous deviation from meritocracy.
    Of course, if the NJ study is good, then that becomes a moot question, I guess.

  • http://lespritdescalier.blogspot.com/ jpe

    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.
    Like the way blacks were systematically kept from getting good educations up to Brown?
    I have a problem with things that don’t work meritocratically, too, but the problem presented by AA isn’t whether meritocracy is good or not; it’s what to do when there hasn’t been meritocracy. To sharpen that a bit, the question is about the appropriateness of corrective action in righting previous deviation from meritocracy.
    Of course, if the NJ study is good, then that becomes a moot question, I guess.

  • http://lespritdescalier.blogspot.com jpe

    Anyways, I have a problem with any system that doesn’t work on a merit basis. Anything else is ethically wrong.
    Like the way blacks were systematically kept from getting good educations up to Brown?
    I have a problem with things that don’t work meritocratically, too, but the problem presented by AA isn’t whether meritocracy is good or not; it’s what to do when there hasn’t been meritocracy. To sharpen that a bit, the question is about the appropriateness of corrective action in righting previous deviation from meritocracy.
    Of course, if the NJ study is good, then that becomes a moot question, I guess.

  • Chris Lutz

    Like the way blacks were systematically kept from getting good educations up to Brown?
    I didn’t deny that blacks have been discriminated against in the past.
    the question is about the appropriateness of corrective action in righting previous deviation from meritocracy
    I would say that the corrective action is just as corrosive to society as the action that lead to it. The corrective action is to ensure that merit drives the system.
    Now, if the system had said that anyone discriminated against in the past 5-10 years, we’ll re-evaluate your merit, that would be fine. Going forward though, the best you can do is to make sure the system is fair. You can’t change what happened in the past. As my parent’s always told me, “Life isn’t fair.”
    Today’s AA is all about creating equal outcomes which is jousting at windmills. Plus, you start to get into racial classifications that are just absurd. It a child born to one white and one black parent black? How about their children?

  • Chris Lutz

    Like the way blacks were systematically kept from getting good educations up to Brown?
    I didn’t deny that blacks have been discriminated against in the past.
    the question is about the appropriateness of corrective action in righting previous deviation from meritocracy
    I would say that the corrective action is just as corrosive to society as the action that lead to it. The corrective action is to ensure that merit drives the system.
    Now, if the system had said that anyone discriminated against in the past 5-10 years, we’ll re-evaluate your merit, that would be fine. Going forward though, the best you can do is to make sure the system is fair. You can’t change what happened in the past. As my parent’s always told me, “Life isn’t fair.”
    Today’s AA is all about creating equal outcomes which is jousting at windmills. Plus, you start to get into racial classifications that are just absurd. It a child born to one white and one black parent black? How about their children?

  • Chris Lutz

    Like the way blacks were systematically kept from getting good educations up to Brown?
    I didn’t deny that blacks have been discriminated against in the past.
    the question is about the appropriateness of corrective action in righting previous deviation from meritocracy
    I would say that the corrective action is just as corrosive to society as the action that lead to it. The corrective action is to ensure that merit drives the system.
    Now, if the system had said that anyone discriminated against in the past 5-10 years, we’ll re-evaluate your merit, that would be fine. Going forward though, the best you can do is to make sure the system is fair. You can’t change what happened in the past. As my parent’s always told me, “Life isn’t fair.”
    Today’s AA is all about creating equal outcomes which is jousting at windmills. Plus, you start to get into racial classifications that are just absurd. It a child born to one white and one black parent black? How about their children?

  • Winsome

    Hey Joe,
    Could I nag you to maybe adjust the hexidecimal code to darken the font on the comments threads just a little to create a bit more contrast? I love reading them, but it’s a strain on my soon-to-be middle-aged eyes.
    Tks.

  • Winsome

    Hey Joe,
    Could I nag you to maybe adjust the hexidecimal code to darken the font on the comments threads just a little to create a bit more contrast? I love reading them, but it’s a strain on my soon-to-be middle-aged eyes.
    Tks.

  • Winsome

    Hey Joe,
    Could I nag you to maybe adjust the hexidecimal code to darken the font on the comments threads just a little to create a bit more contrast? I love reading them, but it’s a strain on my soon-to-be middle-aged eyes.
    Tks.

  • Larry Lord

    Just out of curiosity, given a choice between affirmative action or tax increases to upgrade the public school systems and attract quality teachers to predominately African-American communities, which is preferred by those who disparage affirmative action as a “corrosive” means of achieving parity?
    Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country. Or did Christ teach away from that somewhere?
    For the record, I’m not a fan of “affirmative action” myself. But I am no friend of pathetic whining white underachievers who whine bitterly about AA and complain that it’s unAmerican.

  • Larry Lord

    Just out of curiosity, given a choice between affirmative action or tax increases to upgrade the public school systems and attract quality teachers to predominately African-American communities, which is preferred by those who disparage affirmative action as a “corrosive” means of achieving parity?
    Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country. Or did Christ teach away from that somewhere?
    For the record, I’m not a fan of “affirmative action” myself. But I am no friend of pathetic whining white underachievers who whine bitterly about AA and complain that it’s unAmerican.

  • Larry Lord

    Just out of curiosity, given a choice between affirmative action or tax increases to upgrade the public school systems and attract quality teachers to predominately African-American communities, which is preferred by those who disparage affirmative action as a “corrosive” means of achieving parity?
    Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country. Or did Christ teach away from that somewhere?
    For the record, I’m not a fan of “affirmative action” myself. But I am no friend of pathetic whining white underachievers who whine bitterly about AA and complain that it’s unAmerican.

  • David Lumpkins

    Talk is cheap. Everyone on both sides of this discussion needs to get off their comfortable behinds and spend some significant time in the inner city actually engaging the problem personally on a regular basis. This problem won’t be solved until the haves get in the game of leading the have nots out of the wilderness of poverty through education, mentoring, coaching, guiding and otherwise investing in the individual lives of those who have no chance to make it in this world given their backgrounds. AA is not the answer (good in concept and intention but bad in practice) but the opponents of AA in this discussion have put forth no alternatives that are superior.

  • David Lumpkins

    Talk is cheap. Everyone on both sides of this discussion needs to get off their comfortable behinds and spend some significant time in the inner city actually engaging the problem personally on a regular basis. This problem won’t be solved until the haves get in the game of leading the have nots out of the wilderness of poverty through education, mentoring, coaching, guiding and otherwise investing in the individual lives of those who have no chance to make it in this world given their backgrounds. AA is not the answer (good in concept and intention but bad in practice) but the opponents of AA in this discussion have put forth no alternatives that are superior.

  • Mr Ed

    As usual, Larry aptly bulldozes the strawman that he built up. But can he debate the topic?

  • Mr Ed

    As usual, Larry aptly bulldozes the strawman that he built up. But can he debate the topic?

  • Larry Lord

    “As usual, Larry aptly bulldozes the strawman that he built up. But can he debate the topic?”
    Is this what you call debating, Mr. Ed? Spare me. Let me know when I reach my “time limit”, if you’re the de facto referee around here.
    I’m more or less on the side of Mr. Lumpkins and Mr. Wallo here. And I’m still interested in the asnwer to either of the questions I asked.
    I’ll put it right to you, Mr. Ed, since you stepped in it:
    “Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country. Or did Christ teach away from that somewhere?”
    That’s my first “debate point” if you wish, Mr. Ed. Now go ahead. Make my day.

  • Larry Lord

    “As usual, Larry aptly bulldozes the strawman that he built up. But can he debate the topic?”
    Is this what you call debating, Mr. Ed? Spare me. Let me know when I reach my “time limit”, if you’re the de facto referee around here.
    I’m more or less on the side of Mr. Lumpkins and Mr. Wallo here. And I’m still interested in the asnwer to either of the questions I asked.
    I’ll put it right to you, Mr. Ed, since you stepped in it:
    “Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country. Or did Christ teach away from that somewhere?”
    That’s my first “debate point” if you wish, Mr. Ed. Now go ahead. Make my day.

  • David Lumpkins

    If this is what passes for evangelical argument today, we’re in big trouble.

  • David Lumpkins

    If this is what passes for evangelical argument today, we’re in big trouble.

  • Mr Ed

    “Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country.
    Certainly I’m not against giving a helping hand to any student who is lagging behind. The question is whether AA is a helping hand. I don’t happen to believe it is. I don’t believe overlooking acedemic standings is a reasonable helping hand. The best way to help minorities or anyone lagging behind the curve is to teach them and help them learn. If, in the end, they are unable to learn the curriculum required to enter Law school then we are doing a disservice to everyone by letting them in.

  • Mr Ed

    “Surely *some* sort of helping hand is necessary to account for slavery and a century of legal discrimination against blacks in this country.
    Certainly I’m not against giving a helping hand to any student who is lagging behind. The question is whether AA is a helping hand. I don’t happen to believe it is. I don’t believe overlooking acedemic standings is a reasonable helping hand. The best way to help minorities or anyone lagging behind the curve is to teach them and help them learn. If, in the end, they are unable to learn the curriculum required to enter Law school then we are doing a disservice to everyone by letting them in.

  • Larry Lord

    Mr. Ed
    “I don’t believe overlooking acedemic standings is a reasonable helping hand.”
    They aren’t being overlooked, Mr. Ed. Please show me one example of a student who was admitted to a law school whose academic standings weren’t considered.

  • Larry Lord

    Mr. Ed
    “I don’t believe overlooking acedemic standings is a reasonable helping hand.”
    They aren’t being overlooked, Mr. Ed. Please show me one example of a student who was admitted to a law school whose academic standings weren’t considered.

  • Mr Ed

    Please show me one example of a student who was admitted to a law school whose academic standings weren’t considered.
    Oh they’re being considered… to a point. But it’s that point that we’re talking about. Its the point at which a person who would otherwise be under-qualified but is a minority is chosen over a qualified person in the majority. Essentially, at that point, the minority’s acedemic standing has stopped being considered. This is necessarily a lowering of the standards across the board.

  • Mr Ed

    Please show me one example of a student who was admitted to a law school whose academic standings weren’t considered.
    Oh they’re being considered… to a point. But it’s that point that we’re talking about. Its the point at which a person who would otherwise be under-qualified but is a minority is chosen over a qualified person in the majority. Essentially, at that point, the minority’s acedemic standing has stopped being considered. This is necessarily a lowering of the standards across the board.

  • Chris Lutz

    You don’t even have to be in the majority. If you’re Asian, you’re out of luck too. I mean we’re talking about people who have already spent several years in college. If you aren’t going to do what it takes after 16+ years of education to get ready, you probably should look someplace else.

  • Chris Lutz

    You don’t even have to be in the majority. If you’re Asian, you’re out of luck too. I mean we’re talking about people who have already spent several years in college. If you aren’t going to do what it takes after 16+ years of education to get ready, you probably should look someplace else.

  • Chris Lutz

    Interesting survey on what people thing about college admission standards.
    http://www.maristpoll.marist.edu/usapolls/030609AA.htm

  • Chris Lutz

    Interesting survey on what people thing about college admission standards.
    http://www.maristpoll.marist.edu/usapolls/030609AA.htm

  • Larry Lord

    “Its the point at which a person who would otherwise be under-qualified but is a minority is chosen over a qualified person in the majority. Essentially, at that point, the minority’s acedemic standing has stopped being considered. This is necessarily a lowering of the standards across the board.”
    But again, Ed, it’s a fact that not everyone who is deemed worthy of admission (assuming infinite seat availability) gets admitted. So it comes down to an arbitrary standard. The Supremes looked at the situation and decided that there was some value to having racial diversity so racial diversity can be considered when drawing those arbitrary lines. The schools who are engaging in constitutionally permissible AA programs are not “lowering the qualified bar” for black students. The old simple “bar” has been tossed aside and there is a new one.
    Are greater numbers of students who are incapable of graduating being admitted to certain law schools now? I don’t know. But I fail to see why this is a vexing crisis for white people who disproportionately comprise most of the nation’s attorneys and disproportionately attend the best public schools in the country and disproportionately own the most property etc. etc. etc. etc.
    If conservative white evangelicals honestly cared about standards, they’d give a rat’s ass about the rubes who are trying to get pseudoscientific gobbledygook taught in science classrooms. Instead, they worry about a handful of underachieving whites who don’t get into the first choice law school, boo hoo hoo hoo.
    Go figure.

  • Larry Lord

    “Its the point at which a person who would otherwise be under-qualified but is a minority is chosen over a qualified person in the majority. Essentially, at that point, the minority’s acedemic standing has stopped being considered. This is necessarily a lowering of the standards across the board.”
    But again, Ed, it’s a fact that not everyone who is deemed worthy of admission (assuming infinite seat availability) gets admitted. So it comes down to an arbitrary standard. The Supremes looked at the situation and decided that there was some value to having racial diversity so racial diversity can be considered when drawing those arbitrary lines. The schools who are engaging in constitutionally permissible AA programs are not “lowering the qualified bar” for black students. The old simple “bar” has been tossed aside and there is a new one.
    Are greater numbers of students who are incapable of graduating being admitted to certain law schools now? I don’t know. But I fail to see why this is a vexing crisis for white people who disproportionately comprise most of the nation’s attorneys and disproportionately attend the best public schools in the country and disproportionately own the most property etc. etc. etc. etc.
    If conservative white evangelicals honestly cared about standards, they’d give a rat’s ass about the rubes who are trying to get pseudoscientific gobbledygook taught in science classrooms. Instead, they worry about a handful of underachieving whites who don’t get into the first choice law school, boo hoo hoo hoo.
    Go figure.

  • Mr Ed

    But again, Ed, it’s a fact that not everyone who is deemed worthy of admission (assuming infinite seat availability) gets admitted. So it comes down to an arbitrary standard. The Supremes looked at the situation and decided that there was some value to having racial diversity so racial diversity can be considered when drawing those arbitrary lines. The schools who are engaging in constitutionally permissible AA programs are not “lowering the qualified bar” for black students. The old simple “bar” has been tossed aside and there is a new one.
    I don’t know that the old bar was “simple” but throwing in an arbitrary standard such as “racial diversity” that doesn’t have any academic bearing won’t do anything to raise the bar as far as academic standards, that much is for sure.
    Are greater numbers of students who are incapable of graduating being admitted to certain law schools now? I don’t know. But I fail to see why this is a vexing crisis for white people who disproportionately comprise most of the nation’s attorneys and disproportionately attend the best public schools in the country and disproportionately own the most property etc. etc. etc. etc. If conservative white evangelicals honestly cared about standards, they’d give a rat’s ass about the rubes who are trying to get pseudoscientific gobbledygook taught in science classrooms. Instead, they worry about a handful of underachieving whites who don’t get into the first choice law school, boo hoo hoo hoo.
    Again with the strawman. Listen to me very carefully, Larry, you, and ONLY YOU have brought that aspect of the AA controversy into our debate. In fact, this blog was started as a question about whether Black Lawyers are getting short-handed because of AA. There was nothing in it that complained about Whites getting passed over.
    You brought that into the debate so you could easily knock it down. Shame.

  • Mr Ed

    But again, Ed, it’s a fact that not everyone who is deemed worthy of admission (assuming infinite seat availability) gets admitted. So it comes down to an arbitrary standard. The Supremes looked at the situation and decided that there was some value to having racial diversity so racial diversity can be considered when drawing those arbitrary lines. The schools who are engaging in constitutionally permissible AA programs are not “lowering the qualified bar” for black students. The old simple “bar” has been tossed aside and there is a new one.
    I don’t know that the old bar was “simple” but throwing in an arbitrary standard such as “racial diversity” that doesn’t have any academic bearing won’t do anything to raise the bar as far as academic standards, that much is for sure.
    Are greater numbers of students who are incapable of graduating being admitted to certain law schools now? I don’t know. But I fail to see why this is a vexing crisis for white people who disproportionately comprise most of the nation’s attorneys and disproportionately attend the best public schools in the country and disproportionately own the most property etc. etc. etc. etc. If conservative white evangelicals honestly cared about standards, they’d give a rat’s ass about the rubes who are trying to get pseudoscientific gobbledygook taught in science classrooms. Instead, they worry about a handful of underachieving whites who don’t get into the first choice law school, boo hoo hoo hoo.
    Again with the strawman. Listen to me very carefully, Larry, you, and ONLY YOU have brought that aspect of the AA controversy into our debate. In fact, this blog was started as a question about whether Black Lawyers are getting short-handed because of AA. There was nothing in it that complained about Whites getting passed over.
    You brought that into the debate so you could easily knock it down. Shame.

  • steve h

    Hey, jpe, your comment about blacks not getting quality educations before Brown:
    Check out this speech by Thomas sowell. In it, he documents a school which produced a large number of well-educated black students between the years 1890 and 1955…and was ruined, he claims, by Brown vs. Board of Education.
    Sowell’s argument is interesting, and his collection of facts is pretty good.

  • steve h

    Hey, jpe, your comment about blacks not getting quality educations before Brown:
    Check out this speech by Thomas sowell. In it, he documents a school which produced a large number of well-educated black students between the years 1890 and 1955…and was ruined, he claims, by Brown vs. Board of Education.
    Sowell’s argument is interesting, and his collection of facts is pretty good.